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DANGOTE SUGAR REFINARY v. VINAN PET. LIMITED & ANOR

(2017) JELR 37596 (CA)

Court of Appeal  •  CA/K/246/2015  •  24 May 2017  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; OBIETONBARA O. DANIEL-KALIO JCA; AMINA AUDI WAMBAI JCA;

Judgement

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): On 30/7/15, the High Court of Kaduna State (the lower Court) delivered three rulings in respect of suit No.KDH/KAD/52/2014, now on appeal. The first ruling was in respect of a motion for stay of execution of the judgment of the Court. By the ruling, the motion was dismissed. The second Ruling was in respect of a motion to set aside the garnishee order of the Court of 15/7/15. The Ruling also dismissed the motion. The third Ruling forms the subject of the present appeal. Before that third Ruling, Uche Nwazuronye Esq. for the judgment creditor informed the lower Court that the 4th garnishee had been asked to show cause why the garnishee order nisi against it should not be made absolute and that the 4th garnishee had said that it had set aside the judgment sum. He therefore prayed the lower Court to make the garnishee order against the 4th garnishee absolute. The lower Court agreed with him and ruled thus:-

"the order …

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